[Federal Register Volume 70, Number 86 (Thursday, May 5, 2005)]
[Proposed Rules]
[Pages 23821-23824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8940]



[[Page 23821]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100 and 165

[CGD01-05-012]
RIN 1625-AA00 and 1625-AA08


Safety Zones; Long Island Sound Annual Fireworks Displays

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to revise regulations governing 
safety zones for fireworks displays in Long Island Sound. This revision 
would establish 9 new permanent safety zones, would revise the location 
for one established fireworks safety zone, and would amend the 
notification and enforcement provisions to include additional launches 
from beach areas. This action is necessary to provide for the safety of 
life on navigable waters during the events.

DATES: Comments and related material must reach the Coast Guard on or 
before May 25, 2005.

ADDRESSES: You may mail comments and related material to U.S. Coast 
Guard Group/MSO Long Island Sound, 120 Woodward Ave, New Haven, 
Connecticut 06512. Coast Guard Group/Marine Safety Office Long Island 
Sound maintains the public docket (CGD01-05-012) for this rulemaking. 
Comments and material received from the public, as well as documents 
indicated in this preamble as being available in the docket, will 
become part of this docket and will be available for inspection or 
copying at Group/Marine Safety Office Long Island Sound, New Haven, CT, 
between 9 a.m. and 3 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: LT Andrea K. Logman, Chief, Waterways 
Management Division Coast Guard Group/MSO Long Island Sound, 
Connecticut (203) 468-4429.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD01-05-
012), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.
    If, as we anticipate we make this temporary final rule effective 
less than 30 days after publication in the Federal Register, we will 
explain in that publication, as required by 5 U.S.C. (d)(3), our good 
cause for doing so.

Public Meeting

    We do not now plan to hold a public meeting, but you may submit a 
request for a meeting by writing to the U.S. Coast Guard Group/Marine 
Safety Office at the address listed under ADDRESSES explaining why one 
would be beneficial. If we determine that one would aid this 
rulemaking, we will hold one at a time and place announced by a later 
notice in the Federal Register.

Background and Purpose

    The Coast Guard proposes to revise its safety zones for fireworks 
displays in the Long Island Sound Captain of the Port Zone found at 
Title 33 Code of Federal Regulations (CFR), section 165.151. These 
revisions would add 9 permanent safety zones and revises one current 
safety zone that would be activated for fireworks displays that occur 
on an annual basis. Of the 9 new permanent safety zones, 5 of these 
currently have special local regulations established under 33 CFR 
100.114, which will be moved to 33 CFR 165.151. These 5 events have 
specific dates assigned to them under that regulation. However, due to 
scheduling issues, the events have not been held over the last several 
years on the dates specified. As a result, numerous temporary 
regulations have needed to be implemented to provide for safety or the 
maritime community. As the events require a limited access but 
flexibility in scheduling, a permanent safety zone as opposed to 
special local regulations is prudent. This will ensure the safety of 
the maritime community viewing the displays or transiting in the 
vicinity of the displays. Once implemented as safety zones, the special 
local regulations located at 33 CFR 100.114 for these events will be 
removed. The remaining 4 new safety zones being proposed are for annual 
events that do not currently have permanent safety zones or special 
local regulations.
    The events for which safety zones are proposed are held in the 
following 9 locations: on the Thames River off of Norwich, CT; in 
Branford Harbor off of Branford Point, Branford, CT on Long Island 
Sound; in Long Island Sound off Cosey Beach, East Haven, CT; in Long 
Island Sound off Compo Beach, Westport, CT; in Westbrook Harbor on Long 
Island Sound, CT; in Long Island Sound off Calf Pasture Beach, Norwalk, 
CT; in Long Island Sound off Short Beach, Stratford, CT; in Long Island 
Sound off Old Black Point Beach, East Lyme, CT; and in Northport Bay 
off Asharoken Beach, NY. By establishing permanent safety zones, the 
Coast Guard will eliminate the need to establish temporary rules 
annually. The Coast Guard has promulgated safety zones or special local 
regulations for fireworks displays at all of these 9 areas in the past 
and has received no public comments or concerns regarding the impact to 
waterway traffic from these annually recurring events. Additionally, 
this rulemaking will revise the regulations currently in place in 33 
CFR 165.151(a)(10) for the Mashantucket Pequot Fireworks Safety zone. 
This revision changes the location of the three barges used for this 
fireworks display, increasing the distance between each of the barges. 
Smaller-sized fireworks shells, a maximum of a 10-inch shell, will be 
used on the two outer barges, decreasing the safety zone radius for 
each of the two outer barges from 1200 feet to 1000 feet. The center 
barge in this display would continue to have a maximum of 12-inch 
shells, and will continue to have a 1200-foot radius safety zone 
surrounding it. Due to the changes in the outer barge shell size, there 
is no increase to the restricted area of the safety zone as compared 
with what has been in place for this event in 33 CFR 165.151(a)(10). 
The Coast Guard has received no public comments or concerns regarding 
the impact to waterway traffic from the Mashantucket Pequot Fireworks.
    While this proposed regulation would prevent vessels from 
transiting areas made hazardous from the launching of fireworks, 
vessels may transit in all portions of the affected waterways except 
for those areas covered by the proposed zones.

Discussion of Proposed Rule

    The Coast Guard proposes to revise 33 CFR section 165.151 to add 9 
new safety zones for fireworks displays that occur on a regular basis 
in the same locations. The Coast Guard also proposes to revise 33 CFR 
165.151(a)(10), an established safety zone for the Mashantucket Pequot 
Fireworks. The sizes of these safety zones were determined in 
accordance with Navigational and Vessel Inspection Circular (NVIC) 07-
02, entitled Marine Safety at Fireworks Displays, and in accordance 
with National Fire

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Protection Association Standard 1123, Code for Fireworks Displays (100-
foot distance per inch of diameter of the fireworks mortars). Proposed 
barge locations and mortar sizes were determined to ensure the proposed 
safety zone locations would not interfere with any known marinas or 
piers. The 9 proposed new safety zones and revisions to 33 CFR 
165.151(a)(10) for the Mashantucket Pequot Fireworks Safety Zone are 
described below under the respective event. All coordinates are North 
American Datum 1983 (NAD 83).

Norwich July Fireworks

    The proposed safety zone for the annual Norwich July Fireworks 
display encompasses all waters of the Thames River turning basin within 
a 600-foot radius of the fireworks barge in approximate position 
41[deg]31'20.9'' N, 072[deg]04'45.9'' W, located off of Norwich, CT.

Town of Branford Fireworks

    The proposed safety zone for the annual Town of Branford fireworks 
display encompasses all waters of Branford Harbor off of Branford Point 
within a 600-foot radius of the fireworks launch area located on 
Branford Point in approximate position 41[deg]15'30'' N, 
072[deg]49'22'' W.

Vietnam Veterans Local 484; Town of East Haven Fireworks

    The proposed safety zone for the annual Vietnam Veterans Local 484/
Town of East Haven fireworks display encompasses all waters of Long 
Island Sound off of Cosey Beach, East Haven, CT within a 1000-foot 
radius of the fireworks barge in approximate position 41[deg]14'19'' N, 
072[deg]52'9.8'' W.

Westport Police Athletic League Fireworks

    The proposed safety zone for the annual Westport Police Athletic 
League fireworks display encompasses all waters of Long Island Sound 
off Compo Beach, Westport, CT within a 800-foot radius of the fireworks 
barge in approximate position 41[deg]09'2.5'' N, 073[deg]20'1.1'' W.

Westbrook, CT July Celebration

    The proposed safety zone for the annual Westbrook July Celebration 
fireworks display encompasses all waters of Westbrook Harbor, 
Westbrook, CT within a 800-foot radius of the fireworks barge located 
in approximate position 41[deg]16'50'' N, 072[deg]26'14'' W.

Norwalk Fireworks

    The proposed safety zone for the annual Norwalk Fireworks display 
encompasses all waters of Long Island Sound off of Calf Pasture Beach 
in Norwalk, CT within a 1000-foot radius of the fireworks barge located 
in approximate position 40[deg]05'10'' N, 073[deg]23'20'' W.

Town of Stratford Fireworks

    The proposed safety zone for the annual Town of Stratford fireworks 
display encompasses all waters of Long Island Sound of Long Island 
Sound off of Short Beach in Stratford, CT, within a 800-foot radius of 
the fireworks launch area located in approximate position 41[deg]09'5'' 
N, 073[deg]06'5'' W.

Old Black Point Beach Association Fireworks

    The proposed safety zone for the annual Old Black Point Beach 
Association fireworks display encompasses all waters of Long Island 
Sound off of Old Black Point Beach in East Lyme, CT, within a 1000-foot 
radius of the fireworks launch area located on Old Black Point Beach at 
approximate position 41[deg]17'34.9'' N, 072[deg]12'55.6'' W.

Village of Asharoken Fireworks

    The proposed safety zone for the annual Village of Asharoken 
Fireworks encompasses all waters of Northport Bay off of Asharoken 
Beach in Asharoken, NY within a 600-foot radius of the fireworks launch 
area located in approximate position 40[deg]55'30'' N, 072[deg]21' W.

Mashantucket Pequot Fireworks

    The proposed safety zone for the Mashantucket Pequot Fireworks 
includes all waters of the Thames River within 1200 feet of a fireworks 
barge located at 41[deg]20'57.1'' N, 72[deg]05'22.1'' W; and within 
1000-feet of each of the fireworks barges located at 41[deg]21'03.3'' 
N, 72[deg]05'24.5'' W and 41[deg]20'51.75'' N, 72[deg]05'18.90'' W.
    This rulemaking also proposes to change 33 CFR 165.151(b) and (c). 
These changes would clarify the marking requirements for fireworks 
barges, described below, and would include marking requirements for 
fireworks launches from land within the regulations.

Schedule

    The Coast Guard does not know the specific annually recurring dates 
of these fireworks display safety zones. Coast Guard Group/MSO Long 
Island Sound or Coast Guard Group Moriches will give notice of the 
activation of each safety zone by all appropriate means to provide the 
widest publicity among the affected segments of the public. This will 
include publication in the Local Notice to Mariners. Marine information 
and facsimile broadcasts may also be made to notify the public 
regarding these events. Broadcast notice to mariners will begin 12 to 
24 hours before the event is scheduled to begin. Fireworks barges used 
in the locations stated in this rulemaking will also have a sign on 
their port and starboard side labeled ``FIREWORKS--STAY AWAY''. This 
will provide on-scene notice that the safety zone the fireworks barge 
is located in will be activated on that day. This sign will consist of, 
at a minimum, 10 high by 1.5 wide red lettering 
on a white background. Displays launched from shore sites would have a 
sign labeled ``FIREWORKS--STAY AWAY'' with the same size requirements.
    The enforcement period for each proposed safety zone is from 8 p.m. 
to 11 p.m. (e.s.t.). However, vessels may enter, remain in, or transit 
through these safety zones during this time frame if authorized by the 
Captain of the Port Long Island Sound, or designated Coast Guard patrol 
personnel on scene, as provided for in 33 CFR 165.23. Mariners may 
request permission to transit through these safety zones from the 
Captain of the Port Long Island Sound or his on-scene representative. 
On-scene representatives are commissioned, warrant, and petty officers 
of the U.S. Coast Guard.
    This rule is being proposed to provide for the safety of life on 
navigable waters during the events.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
and does not require an assessment of potential costs and benefits 
under section 6(a)(3) of that Order. The Office of Management and 
Budget has not reviewed it under that Order. It is not ``significant'' 
under the regulatory policies and procedures of the Department of 
Homeland Security (DHS). We expect the economic impact of this rule to 
be so minimal that a full Regulatory Evaluation under the regulatory 
policies and procedures of DHS is unnecessary. This regulation may have 
some impact on the public, but the potential impact would be minimized 
for the following reasons: Vessels will only be restricted from the 
safety zone areas for a 3 hour period; vessels may transit in all 
portions of the affected waterways except for those areas covered by 
the proposed zones; the Coast Guard has promulgated either safety zones 
or special local regulations in accordance with 33 CFR part 100 for

[[Page 23823]]

fireworks displays at all 10 locations areas in the past and has not 
received notice of any negative impact caused by any of the safety 
zones or special local regulations. Additionally, advance notifications 
will also be made to the local maritime community by the Local Notice 
to Mariners well in advance of the events. Marine information and 
facsimile broadcasts may also be made.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast 
Guard considered whether this proposed rule would have a significant 
economic impact on a substantial number of small entities. The term 
``small entities'' comprises small businesses, not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields, and governmental jurisdictions with 
populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. This rule may affect the following entities, 
some of which may be small entities: Commercial vessels wishing to 
transit, fish or anchor in the portions of the Thames River, Long 
Island Sound or Northport Bay covered by the proposed rule. For the 
reasons outlined in the Regulatory Evaluation section above, this rule 
would not have a significant impact on a substantial number of small 
entities.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule will affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact LT Andrea K. Logman, Waterways 
Management Officer or the Command Center at Coast Guard Group/Marine 
Safety Office Long Island Sound, CT, at (203) 468-4429 or (203) 468-
4444 respectively.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this proposed rule under Executive Order 13132 and 
have determined that this rule would not have implications for 
federalism under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This proposed rule would not impose an unfunded mandate.

Taking of Private Property

    This proposed rule will not effect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and does not 
concern an environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    The Coast Guard has considered the environmental impact of this 
proposed rule and concluded that, under figure 2-1, paragraph (34)(g) 
of Commandant Instruction M16475.1D, this proposed rule would be 
categorically excluded from further environmental documentation. A 
``Categorical Exclusion Determination'' is available in the docket 
where indicated under ADDRESSES.

List of Subjects

33 CFR Part 100

    Marine safety, Navigation (water), Reporting and Recordkeeping 
requirements, waterways.

33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.


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    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR parts 100 and 165 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

    1. The authority citation for part 100 continues to read as 
follows:

    Authority: 33 U.S.C. 1233; Department of Homeland Security 
Delegation No. 0170.1.

    2. In the table for Sec.  100.114(a), remove 6.4 and redesignate 
6.5 and 6.6 as 6.4 and 6.5 respectively; and remove 7.38, 7.39, 7.41 
and 7.42, and redesignate 7.40 as 7.38, and 7.43 through 7.51 as 7.39 
through 7.47 respectively.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    3. The authority citation for part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1225 and 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

    4. Revise Sec.  165.151(a)(10), add new Sec.  165.151 (a)(18) to 
(26), and revise paragraph (b) to read as follows:


Sec.  165.151  Safety Zones; Long Island Sound annual fireworks 
displays.

    (a) * * *
    (10) Mashantucket Pequot Fireworks Safety Zone. All waters of the 
Thames River off of New London, CT, within a 1200-foot radius of a 
fireworks barge located in approximate position 41[deg]20'57.1'' N, 
72[deg]05'22.1'' W; and within 1000 feet of fireworks barges located in 
approximate positions: barge one, 41[deg]21'03.3'' N, 72[deg]05'24.5'' 
W; and barge two, 41[deg]20'51.75'' N, 72[deg]05'18.90'' W.
* * * * *
    (18) Norwich July Fireworks Safety Zone. All waters of the Thames 
River within a 600-foot radius of the fireworks launch area in 
approximate position 41[deg]31'20.9'' N, 072[deg]04'45.9'' W, located 
off of Norwich, CT.
    (19) Town of Branford Fireworks Safety Zone. All waters of Branford 
Harbor off of Branford Point within a 600-foot radius of the fireworks 
launch area located on Branford Point in approximate position 
41[deg]15'30'' N, 072[deg]49'22'' W.
    (20) Vietnam Veterans Local 484/Town of East Haven Fireworks Safety 
Zone. All waters of Long Island Sound off of Cosey Beach, East Haven, 
CT within a 1000-foot radius of the fireworks barge in approximate 
position 41[deg]14'19'' N, 072[deg]52'9.8'' W.
    (21) Westport Police Athletic League Fireworks Safety Zone. All 
waters of Long Island Sound off Compo Beach, Westport, CT within a 800-
foot radius of the fireworks barge in approximate position 
41[deg]09'2.5'' N, 073[deg]20'1.1'' W.
    (22) Westbrook, CT July Celebration Safety Zone. All waters of 
Westbrook Harbor in Long Island Sound within a 800-foot radius of the 
fireworks barge located in approximate position 41[deg]16'50'' N, 
072[deg]26'14'' W.
    (23) Norwalk Fireworks Safety Zone. All waters of Long Island Sound 
off of Calf Pasture Beach in Norwalk, CT within a 1000-foot radius of 
the fireworks barge located in approximate position 40[deg]05'10'' N, 
073[deg]23'20'' W.
    (24) Town of Stratford Fireworks Safety Zone. All waters of Long 
Island Sound of Long Island Sound off of Short Beach in Stratford, CT, 
within a 800-foot radius of the fireworks launch area located in 
approximate position 41[deg]09'5'' N, 073[deg]06'5'' W.
    (25) Old Black Point Beach Association Fireworks Safety Zone. All 
waters of Long Island Sound off of Old Black Point Beach in East Lyme, 
CT, within a 1000-foot radius of the fireworks launch area located on 
Old Black Point Beach in approximate position 41[deg]17'34.9'' N, 
072[deg]12'55.6'' W.
    (26) Village of Asharoken Fireworks Safety Zone. All waters of 
Northport Bay off of Asharoken Beach in Asharoken, NY within a 600-foot 
radius of the fireworks launch area located in approximate position 
40[deg]55'30'' N, 072[deg]21' W.
    (b) Notification. Coast Guard Group/Marine Safety Office Long 
Island Sound and Coast Guard Group Moriches will cause notice of the 
activation of these safety zones to be made by all appropriate means to 
effect the widest publicity among the affected segments of the public, 
including publication in the local notice to mariners, marine 
information broadcasts, and facsimile. Fireworks barges used in these 
locations will also have a sign on their port and starboard side 
labeled ``FIREWORKS--STAY AWAY''. Displays launched from shore sites 
will have a sign labeled ``FIREWORKS--STAY AWAY'' with the same size 
requirements. The signs required by this section must consist of red 
letters at least 10 inches high, and 1.5 inch thick on a white 
background.
* * * * *

    Dated: April 25, 2005.
Peter J. Boynton,
Captain, U. S. Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. 05-8940 Filed 5-4-05; 8:45 am]
BILLING CODE 4910-15-P